Pre-Action Protocols, tailored for specific types of dispute,
have been a feature of the litigation landscape for many years.
They represent good practice and compliance is mandatory. A party
runs the risk of costs sanctions if it fails to observe an
applicable Protocol.
One of the main objectives of Protocols is to encourage an early
resolution of disputes by parties being required to explain and
discuss their positions in some detail, at the outset. The
intention here is to avoid a dispute drifting into the time and
costs of proceedings simply because the key points of a case or
defence (legally and evidentially) were unknown or not understood
by the other party. Where a dispute is not resolvable before the
commencement of proceedings, the fact that a Protocol has been
followed can still produce tangible benefits. Those can include the
narrowing of the questions to be determined by the Court. Further,
a consensus on what procedure should be adopted to ensure that
